Self-Defense Laws in California: When Is Use of Force Justified?
Self-Defense Laws in California: When Is Use of Force Justified?
California law recognizes that individuals have the right to defend themselves and others from harm. However, the use of force—particularly deadly force—must meet specific legal criteria to be considered lawful. At the Law Office of Robert Little, we help residents of Rancho Cucamonga understand their rights and defend against criminal charges stemming from self-defense claims.
What Is Self-Defense in California?
Under California Penal Code § 198 and § 197, a person is justified in using force if:
- They reasonably believed they or someone else was in imminent danger of being killed, seriously injured, or unlawfully touched.
- They reasonably believed that force was necessary to prevent that harm.
- They used only the amount of force that was reasonably necessary to defend themselves or others.
This means that not only must the threat be real and immediate, but your response must be proportionate. For example, using deadly force to stop a verbal argument would not be considered justified.
Deadly Force and the Duty to Retreat
California is a “stand your ground” state. This means that if you are in a place where you have a legal right to be, you are not required to retreat—even if it would be safer to do so—before using force in self-defense. However, deadly force is only allowed if the threat involved great bodily harm or death.
Self-Defense Against Law Enforcement
Using force against a police officer is rarely justified. However, if an officer uses excessive force, the law may recognize your right to defend yourself—but these cases are complex and require strong legal support.
Common Self-Defense Scenarios
Self-defense may apply in a range of situations, such as:
- Physical assaults
- Domestic violence incidents
- Home intrusions (covered under the “Castle Doctrine”)
- Bar fights or public altercations
Each situation depends heavily on the facts. Video evidence, witness statements, and your own credibility play major roles in the outcome.
Facing Charges? You Don’t Have to Face Them Alone
If you’ve been arrested after defending yourself or someone else, don’t assume the truth will automatically protect you. Prosecutors may still press charges, and the burden of proving that your actions were legally justified falls on you.
At the Law Office of Robert Little, we provide legal guidance to the Rancho Cucamonga community and advocate aggressively for clients whose actions were justified under California’s self-defense laws.
